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Quick HitMatthew BlakeMonday September 17th, 2012, 4:36pm

In Chicago Teachers Strike, CPS Goes On The Offensive

The top of the Chicago Public Schools strike contingency plan Web site
today reads, “Due to the Chicago Teachers Union Leadership’s choice to
strike, Chicago Public Schools will have 147 Children First sites open
on Monday, September 17.”

Such is the level of anger in the labor
standoff that even a district informational site takes a shot at the
so-called strike of choice. Past union criticisms from CPS and even
Chicago Mayor Rahm Emanuel often were tempered with the claim that a
deal was close. But the CTU House of Delegates' decision yesterday to give themselves two more days before voting on whether to end the strike has changed this.

CPS followed through today on Emanuel’s vow
last night to file an injunctive relief in circuit court that would
halt the strike. Cook County Circuit Court Judge Peter Flynn indicated
that the soonest CPS’ case would be heard is Wednesday and that the
complaint might be irrelevant by then, given the scheduled Tuesday House
of Delegates meeting.

Signed by CPS attorney Lawrence DiNardo, the complaint language is as fiery and dramatic as the most union-critical Emanuel statement.

It
contends that there is “no end to the strike in sight” despite the
House of Delegates meeting tomorrow. CPS says that the CTU strike is
illegal because under a succession of three key state education laws,
including last year’s SB7, the union can only strike over wages and benefits.

In making their case, CPS acknowledges that contrary to their public pronouncements last week
that the strike is over two issues – new teacher evaluations and
tenured teacher recall policies – the strike is actually over several
issues related to working conditions. And these issues, contends CPS,
cannot legally incite a strike.

According to CPS, the
“fundamentally and unmistakably illegal” strike has lead to “prolonged
hunger, increased risk of violence and disruption of critical special
education services.” Noting that 84 percent of the 354,000 district
students receive two federally subsidized meals a day, CPS claims a
“vulnerable population has been cast adrift by the CTU’s decision to
close down the schools with consequent grave implications for the City
of Chicago.”

The union fought fire with fire today. Spokeswoman
Stephanie Gadlin contended that the complaint “appears to be a
vindictive act instigated by the mayor.”

Steve
Ashby, a labor studies professor at the University of Illinois-Chicago
and an advocate for the pro-union Chicago Teacher Solidarity Campaign,
acknowledges that CTU cannot strike over working conditions such as a
lack of air conditioning in the classrooms. “It is a terrible law that
teachers are not allowed to strike over learning conditions,” Ashby
says.

But Ashby accuses CPS of “hypocrisy” in their argument that
the strike is a danger to children’s health. “Not negotiating over air
conditioning and nurses threatens the safety of our children,” Ashby
says. “Closing schools threatens the safety of our children.”

It
bears watching whether the verbal sparring of today and CPS' legal
action not only impacts when the strike ends, but further exacerbates a damaged labor-management relationship even once a contract is agreed
upon.